Florida Senate - 2009                          SENATOR AMENDMENT
       Bill No. CS for CS for CS for SB 2104
       
       
       
       
       
       
                                Barcode 709114                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 2/AD/2R         .                                
             04/29/2009 02:29 PM       .                                
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       Senator Justice moved the following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 690 - 876
    4  and insert:
    5         Section 12. Section 376.30702, Florida Statutes, is amended
    6  to read:
    7         376.30702 Contamination notification.—
    8         (1) FINDINGS; INTENT; APPLICABILITY.—The Legislature finds
    9  and declares that when contamination is discovered by any person
   10  as a result of site rehabilitation activities conducted pursuant
   11  to the risk-based corrective action provisions found in s.
   12  376.3071(5), s. 376.3078(4), s. 376.81, or s. 376.30701, or
   13  pursuant to an administrative or court order, it is in the
   14  public’s best interest that potentially affected persons be
   15  notified of the existence of such contamination. Therefore,
   16  persons discovering such contamination shall notify the
   17  department and those identified under this section of the such
   18  discovery in accordance with the requirements of this section,
   19  and the department shall be responsible for notifying the
   20  affected public. The Legislature intends for the provisions of
   21  this section to govern the notice requirements for early
   22  notification of the discovery of contamination.
   23         (2)(a) INITIAL NOTICE OF CONTAMINATION BEYOND PROPERTY
   24  BOUNDARIES.—If at any time during site rehabilitation conducted
   25  pursuant to s. 376.3071(5), s. 376.3078(4), s. 376.81, or s.
   26  376.30701, or an administrative or court order the person
   27  responsible for site rehabilitation, the person’s authorized
   28  agent, or another representative of the person discovers from
   29  laboratory analytical results that comply with appropriate
   30  quality assurance protocols specified in department rules that
   31  contamination as defined in applicable department rules exists
   32  in any groundwater, surface water, or soil medium beyond the
   33  boundaries of the property at which site rehabilitation was
   34  initiated pursuant to s. 376.3071(5), s. 376.3078(4), s. 376.81,
   35  or s. 376.30701, or an administrative or court order the person
   36  responsible for site rehabilitation shall give actual notice as
   37  soon as possible, but no later than 10 days from such discovery,
   38  to the Division of Waste Management at the department’s
   39  Tallahassee office. The actual notice shall be provided on a
   40  form adopted by department rule and mailed by certified mail,
   41  return receipt requested. The person responsible for site
   42  rehabilitation shall simultaneously provide mail a copy of the
   43  such notice to the appropriate department district office, and
   44  the appropriate county health department, and all known lessees
   45  and tenants of the source property.
   46         (b) The notice shall include the following information:
   47         1.(a) The location of the property at which site
   48  rehabilitation was initiated pursuant to s. 376.3071(5), s.
   49  376.3078(4), s. 376.81, or s. 376.30701, or an administrative or
   50  court order and contact information for the person responsible
   51  for site rehabilitation, the person’s authorized agent, or
   52  another representative of the person.
   53         2.(b) A listing of all record owners of any real property,
   54  other than the property at which site rehabilitation was
   55  initiated pursuant to s. 376.3071(5), s. 376.3078(4), s. 376.81,
   56  or s. 376.30701, at which contamination has been discovered; the
   57  parcel identification number for any such real property; the
   58  owner’s address listed in the current county property tax office
   59  records; and the owner’s telephone number. The requirements of
   60  this paragraph do not apply to the notice to known tenants and
   61  lessees of the source property.
   62         3.(c) Separate tables for by medium, such as groundwater,
   63  soil, and surface water which, or sediment, that list sampling
   64  locations identified on the vicinity map as provided in
   65  subparagraph 4.; sampling dates; names of contaminants detected
   66  above cleanup target levels; their corresponding cleanup target
   67  levels; the contaminant concentrations; and whether the cleanup
   68  target level is based on health, nuisance, organoleptic, or
   69  aesthetic concerns.
   70         4.(d) A vicinity map that shows each sampling location with
   71  corresponding laboratory analytical results pursuant to
   72  subparagraph 3. and the date on which the sample was collected
   73  and that identifies the property boundaries of the property at
   74  which site rehabilitation was initiated pursuant to s.
   75  376.3071(5), s. 376.3078(4), s. 376.81, or s. 376.30701, or an
   76  administrative or court order and any the other properties at
   77  which contamination has been discovered during such site
   78  rehabilitation. If available, a contaminant plume map signed and
   79  sealed by a Florida-licensed professional engineer or geologist
   80  may be included with the vicinity map.
   81         (3) DEPARTMENT’S NOTICE RESPONSIBILITIES.—
   82         (a)After receiving the actual notice required under
   83  subsection (2), the department shall notify the following
   84  persons of such contamination:
   85         1.The mayor, the chair of the county commission, or the
   86  comparable senior elected official representing the affected
   87  area.
   88         2.The city manager, the county administrator, or the
   89  comparable senior administrative official representing the
   90  affected area.
   91         3.The school district superintendent representing the
   92  affected area.
   93         4.The state senator, state representative, and United
   94  States Representative representing the affected area and both
   95  United States Senators.
   96         5.a.All real property owners, presidents of any
   97  condominium associations or sole owners of condominiums,
   98  lessees, and tenants of record of the property at which site
   99  rehabilitation is being conducted, if different from the person
  100  responsible for site rehabilitation;
  101         b.All real property owners, presidents of any condominium
  102  associations or sole owners of condominiums, lessees, and
  103  tenants of record of any properties within a 500-foot radius of
  104  each sampling point at which contamination is discovered, if
  105  site rehabilitation was initiated pursuant to s. 376.30701 or an
  106  administrative or court order; and
  107         c.All real property owners, presidents of any condominium
  108  associations or sole owners of condominiums, lessees, and
  109  tenants of record of any properties within a 250-foot radius of
  110  each sampling point at which contamination is discovered or any
  111  properties identified on a contaminant plume map provided
  112  pursuant to subparagraph (2)(b)4., if site rehabilitation was
  113  initiated pursuant to s. 376.3071(5), s. 376.3078(4), or s.
  114  376.81 or at or in connection with a permitted solid waste
  115  management facility subject to a ground water monitoring plan.
  116         (b)1.The notice provided to local government officials
  117  shall be mailed by certified mail, return receipt requested, and
  118  shall advise the local government of its responsibilities under
  119  subsection (4).
  120         2.The notice provided to real property owners, presidents
  121  of any condominium associations or sole owners of condominiums,
  122  lessees, and tenants of record may be delivered by certified
  123  mail, return receipt requested, first-class mail, hand delivery,
  124  or door-hanger.
  125         (c) Within 30 days after receiving the actual notice
  126  required under pursuant to subsection (2), or within 30 days of
  127  the effective date of this act if the department already
  128  possesses information equivalent to that required by the notice,
  129  the department shall verify that the person responsible for site
  130  rehabilitation has complied with the notice requirements of this
  131  section send a copy of such notice, or an equivalent
  132  notification, to all record owners of any real property, other
  133  than the property at which site rehabilitation was initiated
  134  pursuant to s. 376.3071(5), s. 376.3078(4), s. 376.81, or s.
  135  376.30701, at which contamination has been discovered. If the
  136  person responsible for site rehabilitation has not complied with
  137  the notice requirements of this section, the department may
  138  pursue enforcement as provided under this chapter and chapter
  139  403.
  140         (d)1. If the property at which contamination has been
  141  discovered is the site of a school as defined in s. 1003.01, the
  142  department shall mail also send a copy of the notice to the
  143  superintendent chair of the school board of the school district
  144  in which the property is located and direct the superintendent
  145  said school board to provide actual notice annually to teachers
  146  and parents or guardians of students attending the school during
  147  the period of site rehabilitation.
  148         2.If the property at which contamination has been
  149  discovered is the site of a private K-12 school or a child care
  150  facility as defined in s. 402.302, the department shall mail a
  151  copy of the notice to the governing board, principal, or owner
  152  of the school or child care facility and direct the governing
  153  board, principal, or owner to provide actual notice annually to
  154  teachers and parents or guardians of students or children
  155  attending the school or child care facility during the period of
  156  site rehabilitation.
  157         3.After receiving the notice required under subsection
  158  (2), if any property within a 500-foot radius of the property at
  159  which contamination has been discovered during site
  160  rehabilitation pursuant to s. 376.30701 or an administrative or
  161  court order is the site of a school as defined in s. 1003.01,
  162  the department shall mail a copy of the notice to the
  163  superintendent of the school district in which the property is
  164  located and direct the superintendent to provide actual notice
  165  annually to the principal of the school.
  166         4.After receiving the notice required under subsection
  167  (2), if any property within a 250-foot radius of the property at
  168  which contamination has been discovered during site
  169  rehabilitation pursuant to s. 376.3071(5), s. 376.3078(4), or s.
  170  376.81 or at or in connection with a permitted solid waste
  171  management facility subject to a ground water monitoring plan is
  172  the site of a school as defined in s. 1003.01, the department
  173  shall mail a copy of the notice to the superintendent of the
  174  school district in which the property is located and direct the
  175  superintendent to provide actual notice annually to the
  176  principal of the school.
  177         (e) Along with the copy of the notice or its equivalent,
  178  the department shall include a letter identifying sources of
  179  additional information about the contamination and a telephone
  180  number to which further inquiries should be directed. The
  181  department may collaborate with the Department of Health to
  182  develop such sources of information and to establish procedures
  183  for responding to public inquiries about health risks associated
  184  with contaminated sites.
  185         (4)LOCAL GOVERNMENT’S NOTICE RESPONSIBILITIES.—Within 30
  186  days after receiving the actual notice required under subsection
  187  (3), the local government shall mail a copy of the notice to the
  188  president or comparable executive officer of each homeowners’
  189  association or neighborhood association within the potentially
  190  affected area as described in subsection (3).
  191         (5)(4) RULEMAKING AUTHORITY; RECOVERY OF COSTS OF
  192  NOTIFICATION.—The department shall adopt rules and forms
  193  pursuant to ss. 120.536(1) and 120.54 to implement the
  194  requirements of this section and shall recover the costs of
  195  postage, materials, and labor associated with notification from
  196  the responsible party, except when site rehabilitation is
  197  eligible for state-funded cleanup pursuant to the risk-based
  198  corrective action provisions found in s. 376.3071(5) or s.
  199  376.3078(4).